appellate review

Question 1

what does final judgement mean

Answer 1

court is done ruiling on merits of the entire case

Question 2

an appeal can only happen if

Answer 2

the case decision was a final judgement

meaning that if there is still stuff for the lower court to do on the case, it is not final and it cannot be appealed

Question 3

notice of appeal must be filed how many days?

Answer 3

30 days after entry of judgement

Question 4

what is an interlocutory appeal

Answer 4

interlocutory appeal occurs when a ruling by a trial court is appealed while other aspects of the case are still proceeding.

Question 5

list (5)

what options if not final judgement

Answer 5

can do an interlocutory appeal through:

1. orders granting, modifying or refusing preliminary injunction can be appealed - does not apply to TRO
2. collateral order
3. multiple claims and parties
4. class action
5. extraordinary writ (mandamus or prohibition)

Question 6

when a TRO passes its 28 days

Answer 6

it may be appealed as a preliminary injunction

Question 7

list (3)

appeal of a nonfinal order can be appealed if

(interlocutory appeals act)

Answer 7

1. district judge certifies that order involves a controlling issue of law
2. as to which there is substantial grounds for difference of opinion
3. court of appeals agrees to hear it

Question 8

class action seeking to appeal must do so in how many days

Answer 8

14 adys

Question 9

what is an extraordinary writ of mandamus or prohibition

Answer 9

NOT a substitute for appeal rather

whole new case filed at appeals court to compel the district judge to vacate a particular order